Roommate threatening to sue

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liabobia

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Hi, I live in Massachusetts. I had an extra room in my apartment and I filled it by going on Craigslist and emailed people seeking housing. The landlord knew of this and thought it was the best way to ensure a good match, and this is very common here in Boston. I had not moved in yet, and therefore all the pictures were of a totally unfurnished place BUT I was clear that I was a tenant, not the property owner, and I was looking for roommates.

This person responded to my emails and said she was living in Los Angeles and wanted to have a place waiting when she moved out to Boston. She then sent me half a month's rent and the security deposit, because I had already paid two portions when they were due.. During this time I asked her if there was ANYTHING she needed to know, gave her the landlord's phone number, my phone number, and even welcomed her to visit the apartment if she so desired. I told her that there was a lease held by the landlord for her to sign and that she should pay August rent directly to him. I sent her the keys 2 weeks before her arrival.

She shows up a week into august (her portion of the rent is overdue by a week) and declares that she is allergic to cats and that the place is filthy (it was not, just had furniture and tenants) and that I lied to her. She moves out without replacing herself (but I managed to do so myself). Then, a few weeks later, she sends me an email saying that I owe her:

1. The half month's rent (for the half month before she ever showed up, which was to hold her place and was given to the landlord)
2.Security deposit, which she told me to use as her august rent since she wasn't staying, and as such was also given to the landlord
3. All her costs of moving, totaling another $500 dollars, because she was "forced" to move because of the apartment not being what she thought.

We were in contact for two months before the move in and she never asked me or the landlord any questions about the place and now she's saying I owe her money?? I don't have the money she gave me, it was for expenses that have since passed and the money is now the property of the landlord, but I don't think she should sue him either. She rented a place based on pictures, never asked for new ones, never sent anyone to look and never asked if there were pets in the building.

I'm just scared because her parents are landlords and she probably knows a lot more than me about this. I have all the emails that she sent saved, showing that she intended to rent and sign the lease upon arrival and all the information that I gave her.
 
In California, no deposit is "unrefundable" and because her parents are landlords there, they may have told her this.

However, Massachusetts landlord tenant laws are different than those found in California (which tends to be VERY tenant friendly).

If the half a months rent was, in actuality, a "holding fee" to ensure you removed the rental unit from the market, she has lost that. If she agreed that her security deposit was to be used for August rent (and you have documentation of this) she has lost that. In fact, without a written lease she can be considered to have a "tenancy at will" or be a month to month renter. If she did not provide you formal notice she was terminating her tenancy..and you had not been able to find a renter to take her place...she would still continue to owe you rent even now.

She made the decision to terminate the tenancy; thus her moving expenses are on her.

Gail
 
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